Regina Salta v. Immigration and Naturalization Service

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a sworn affidavit that neither the alien nor another responsible party residing at the alien’s address received the notice will ordinarily rebut the presumption of delivery created by regular mail
• holding that a sworn affidavit that neither the petitioner “nor a[nother] responsible party” residing at the petitioner’s address received the notice will “ordinarily” be sufficient to rebut the presumption of delivery created by regular mail
• holding that a sworn affidavit that neither the petitioner “nor a[nother] responsible party” residing at the petitioner’s address received the notice will “ordinarily” be sufficient to rebut the presumption of delivery created by regular mail
• noting that similar facts corroborate an asylum applicant’s assertion that she did not receive a notice to appear for a formal hearing
• noting that similar facts corroborate an asylum applicant’s assertion that she did not receive a notice to appear for a formal hearing
• explaining that sworn statement that petitioner did not receive the notice is sufficient to overcome presumption where petitioner initiates a proceeding to obtain a benefit, appears at an earlier hearing, and has no motive to avoid the hearing

Source: CourtListener parenthetical corpus (CC0).